Research On The Problems And The Solution Of The Impact Of The Compensation To The Penalty

In the theories, the civil compensation in the criminal case belongs to the consequences that should be considered, in the judicial practice, the civil compensation applies a creation influence to the penalty. But this kind of influence should be limit in the limit of the reasonable.However, considering the judicial precedents of 2002—2006 in the courts of Xiangtan city, the civil compensation applied inadequate influence to the penalty. For the different accused persons in the similar case, the different accused persons in the same case and the same accused persons in the same case, they will get different penalty because of different compensation. Generally speaking, the accused person who compensates the loss of the victim according to the request of the victim, would get the lighter penalty, and if he does not commit the serious crime, he usually will be announced suspended sentence.Such situation in the judicial practice has already bring about a series of problems. Theoretically, it breaks the rule of legality, the rule of appropriation between the crime and the penalty, the rule of equality. In the practice, it pounds at the purpose of the criminal code, stirs up further judicial corrupt, and interferences the judicial independence.Currently, the deviation of the judicial ideas, the defects of the legal system, the obstacles of the judicial system, the single method of compensation, are the important causes of the situation.For solving these problems, we should appropriately understand the relationship between the civil compensation and the penalty application, the relationship between the civil compensation and the harmonious society. In the same time, we should perfect the civil compensation system, set up the national compensation system, control the judge's power of sentencing freely, perfect the present judicial system.